Explore The NRA Universe Of Websites

NRA to Move for Expedited Relief for Its Members in Light of Fifth Circuit Pistol Brace Ruling

Wednesday, August 2, 2023

NRA to Move for Expedited Relief for Its Members in Light of Fifth Circuit Pistol Brace Ruling

The National Rifle Association of America (“NRA”) announced today that it would be expediting its motion for a preliminary injunction to protect its members from the Biden Administration’s unlawful attempt to reclassify braced pistols as “rifles” subject to onerous registration requirements.

The announcement comes a day after the Fifth Circuit’s decision in Mock v. Garland, which finds the controversial “pistol brace rule” recently issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) is probably unlawful under the Administrative Procedure Act (“APA”).

In an opinion issued yesterday, the Fifth Circuit agreed with what the NRA has contended from Day 1 – the Biden Administration’s Pistol Brace Rule is unlawful.

The rule seeks to rewrite the National Firearms Act (“NFA”) to make any pistol that has a stabilizing brace attached a “rifle” subject to the stringent registration and transfer requirements of the NFA. But the ATF sought to couch its sweeping rewrite of the law as a mere “interpretation” of the NFA – despite the fact that, over the course of more than a decade, the ATF has repeatedly assured law-abiding gun owners and manufacturers that adding a brace to a pistol does not transform the weapon into a “rifle.”

Thus, the ATF contradicted itself and sought to subject law-abiding gun owners to penalties, fines, and potential prison sentences for the use of an otherwise legal plastic apparatus on some firearms. Even worse, the ATF sought to sidestep a barrage of negative comments for its proposed rule, including the NRA’s comments, by attempting an 11th-hour rewrite of the Pistol Brace Rule to add a poorly conceived six-factor test “considering everything from the weight of the firearm with the stabilizing brace attached to the prevalence of Youtubers’ demonstrating the likely use of the weapon,” in the words of the Fifth Circuit.

While the Fifth Circuit remanded to the district court to determine the proper scope of injunctive relief, the writing is on the wall: the Pistol Brace Rule is illegal and cannot withstand scrutiny. Further, the Fifth Circuit observed that “in certain circumstances, nationwide relief is appropriate and may be necessary for the benefit of all parties” and emphasized the need for a “consistent application of the law.” All that is left is for the lower courts to give effect to the Fifth Circuit’s clear direction.

The NRA initially backed a lawsuit by several state attorneys general in North Dakota, sought to intervene in a Texas legal action challenging the unlawful rule, and, on July 3, 2023, filed its own lawsuit against the ATF, the U.S. Department of Justice (DOJ), ATF Director Dettelbach, and U.S. Attorney General Merrick Garland (“Defendants”) seeking a preliminary injunction protecting its members from the pistol brace rule. Now, the NRA will move to ensure that its preliminary injunction motion moves on an expedited schedule, so its members may obtain relief even more quickly in light of the Fifth Circuit’s ruling. It is also appealing the denial of its motion to intervene in the Fifth Circuit – an appeal that is currently proceeding on an expedited schedule.

“The NRA fought this unlawful rule at every level – first as a supporter of a major case and then as a plaintiff at the tip of the spear,” says NRA CEO & EVP Wayne LaPierre. “This ruling sends a powerful message to NRA members and law-abiding gun owners everywhere: freedom will be preserved."

“The NRA will move swiftly to expedite its pending preliminary injunction motion, allowing the NRA and its members to quickly obtain the relief they deserve,” says William A. Brewer III, counsel to the NRA. “The Fifth Circuit’s ruling leaves little doubt that the NRA will achieve success on behalf of its members and prevail in protecting them from this unlawful overreach. All the gun rights groups who stood up to this attack on freedom should be commended.”

TRENDING NOW
Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

Monday, January 5, 2026

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

On Friday, Jan. 3, a divided three judge panel of the U.S. Court of Appeals for the Ninth Circuit held that California’s ban on open carry in counties with a population of greater than 200,000 ...

North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

In September, the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Pro-2A Journalist Awarded in New Jersey: Further Proof the Garden State is Savable?

News  

Monday, January 5, 2026

Pro-2A Journalist Awarded in New Jersey: Further Proof the Garden State is Savable?

It’s rare to see journalists write accurate articles about the Second Amendment and the right to self-defense, and even more rare to see them receive accolades from their mainstream peers for such articles.  

2025 Litigation Update

Wednesday, December 31, 2025

2025 Litigation Update

In 2025, the National Rifle Association defeated New Mexico’s 7-day waiting period for firearm purchases, the ATF’s “engaged in the business” rule, the ATF’s “pistol brace” rule, a lawsuit seeking to ban lead ammunition in ...

More Anti-Gun “Trajectories” and “Experiments” on the Horizon in Illinois for 2026

News  

Monday, January 5, 2026

More Anti-Gun “Trajectories” and “Experiments” on the Horizon in Illinois for 2026

As a new year begins, a timeless new year resolution remains: Work hard to ensure your state does not become like Illinois. As multiple firearm-related news outlets revisit the highs and lows of 2025, it ...

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

News  

Tuesday, January 6, 2026

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

In 1999, when the rest of the country was fretting over the potential Y2K disruption of worldwide computer systems, the City of Gary, Indiana launched its lawsuit against handgun manufacturers, retailers and a wholesaler, raising ...

U.S. DOJ and 25 States File Amicus Briefs Supporting NRA Challenge to California Ammunition Regulations

Tuesday, January 6, 2026

U.S. DOJ and 25 States File Amicus Briefs Supporting NRA Challenge to California Ammunition Regulations

The U.S. Department of Justice and a coalition of 25 states have each filed amicus briefs in Rhode v. Bonta, a case backed by the National Rifle Association and California Rifle and Pistol Association challenging California’s ...

Virginia: Gun Control Looms on the Horizon – Make Plans to Attend Lobby Day in January!

Monday, December 22, 2025

Virginia: Gun Control Looms on the Horizon – Make Plans to Attend Lobby Day in January!

Anti-gun legislators in Richmond have already begun filing legislation ahead of the upcoming Virginia General Assembly session. 

NRA Files Another Lawsuit Challenging the National Firearms Act

Thursday, October 9, 2025

NRA Files Another Lawsuit Challenging the National Firearms Act

Today, the National Rifle Association—along with the American Suppressor Association, Firearms Policy Coalition, and Second Amendment Foundation—announced the filing of another lawsuit challenging the constitutionality of the National Firearms Act of 1934 (NFA).

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.